H4 Extension: Travel To Padre Island Without Worry

The H4 visa is a vital immigration document for immediate family members of H1B visa holders. It allows them to join their loved ones in the United States. The H4 visa serves the primary objective of facilitating family reunification. It enables immediate family members, including spouses and unmarried children under the age of 21, to join H1B visa holders who are employed in the United States. This visa category ensures that families can stay together while one member of the family contributes to the American economy through employment.

H4 visa holders can travel within and outside the US without any restrictions as long as there is a valid visa stamping for outside travel. However, there are specific steps and benefit considerations to determine if one is eligible to request H4 visa status in the United States.

To obtain an H4 visa, individuals typically need to comply with the following steps:

1. Determine Eligibility: Ensure eligibility for an H4 dependent visa based on the relationship with the H1B visa holder. Provide either a valid marriage certificate showing a spousal relationship with the H1B visa holder or a birth certificate to show a parental relationship with the H1B visa holder.

2. Complete Form I-539: Fill out the most current edition of Form I-539, Application to Extend/Change Nonimmigrant Status, to request an H4 visa or extend an existing one.

3. Gather Supporting Documents: Collect the necessary supporting documents such as proof of relationship, proof of current visa status of the H4 applicant and the H1B primary visa holder, and more.

4. Pay the Filing Fee and Submit to USCIS: Pay the filing fee associated with Form I-539.

In conclusion, the H4 visa remains a critical means for family reunification while one member works in the US.

H4 Visa holders can travel outside the US while their H4 extension is pending

Despite these considerations, it is possible for H4 visa holders to travel outside the US while their H4 extension is pending. It is recommended to keep a copy of the extension or COS application and the receipt notice when travelling, as well as a copy of the I-94 form and US travel history. Additionally, if there is an emergency and travel is necessary, H4 visa holders can leave the US and get their H4 stamping done, and then re-enter on H4 status. For planned non-emergency travel, it is best to wait for the H4 COS or extension to be approved before travelling, especially if there is a risk of receiving a Request For Evidence (RFE) or Notice of Intent to Deny (NOID) during the H4 EAD application process.

H4 Visa holders can travel to Padre Island with an H4 EAD pending

If you are planning to travel outside of the US, it is recommended that you keep a copy of the extension or COS application and the copy of the receipt notice to show to the immigration inspector when you arrive in the US and go through Port of Entry Procedures. You should also print a copy of your I-94 online and your US travel history during your exit to have as additional proof.

In terms of general guidance for filing H4 or H4 EAD with travel plans, if you know ahead of time that you plan to travel outside of the US within a short period of time, it is best not to file any H4 Extension/COS application, including H4 EAD applications. Instead, get your travel done, re-enter the US, and then file for H4 COS along with H4 EAD.

If you have to leave the US for an unknown emergency and have to leave with your H4 COS or Extension and H4 EAD pending, don't worry too much. Just get your H4 stamping done, if needed, and then re-enter on H4. File a new H4 EAD application as needed.

For planned non-emergency travel, if you have filed H4 COS/Extension + H4 EAD together, it is recommended to wait for the H4 COS/Extension to be approved and then travel with your H4 EAD pending. Make sure you have someone to receive your H4 EAD-related mail from USCIS in case there is an RFE or NOID that you need to respond to.

For emergency travel with H4 EAD pending, if you are on H4 in the US and have filed for H4 EAD only, and have to leave the US for an emergency, make arrangements for someone to collect your mail from USCIS so that you do not miss any RFE or NOID letters. Once you receive an RFE, make sure to return to the US and respond to it on time; if you do not respond on time, your application will be considered abandoned and denied.

H4 Visa holders can travel outside the US while their H4 EAD is pending

If the H4 visa holder has filed for a Change of Status (COS) along with the H4 EAD, and they leave the country, the COS application will be considered abandoned and subsequently denied. As a result, the H4 EAD application will also be denied.

In the case of an H4 extension filed along with the H4 EAD, travel outside the US is possible. The only issue that may arise is an I-94 number mismatch. Upon re-entry into the US, a CBP officer will issue a new I-94 number, which will be different from the H4 extension number received from the USCIS. This mismatch may cause issues when trying to renew a license or for other purposes as the SAVE Database is used. To fix this issue, the H4 visa holder may need to travel again and re-enter the US to obtain a matching I-94 number.

It is recommended to keep a copy of the extension or COS application and the receipt notice when travelling outside the US to show to the immigration inspector upon arrival. Additionally, having a copy of the I-94 and US travel history can serve as additional proof.

H4 Visa holders can travel to Padre Island with an H4 extension pending

On the other hand, if an H4 visa holder leaves the country while their H4 extension is pending, their application will not be abandoned and will continue to be processed. However, upon re-entering the US and going through Port of Entry Procedures, a Customs and Border Protection (CBP) officer will issue a new I-94 number, which will be different from the H4 extension number received from the USCIS. This I-94 number mismatch can cause issues when trying to renew a driver's license or for other things as the SAVE Database is used. To fix this issue, one may need to travel again and re-enter the US to obtain a matching I-94 number.

Additionally, travelling outside of the US while an H4 extension is pending may delay the processing of an H4 Employment Authorization Document (EAD) application. If the USCIS requests more information regarding the EAD application and issues a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID), and the applicant does not respond on time, the USCIS may deny the H4 EAD application by considering it abandoned.

Therefore, while it is possible for H4 visa holders to travel to Padre Island with an H4 extension pending, it is important to be aware of the potential consequences and complications that may arise.

H4 Visa holders can travel to Padre Island with an H4 extension and H4 EAD pending

Firstly, it is crucial to understand the difference between H4 status and H4 visa. H4 status refers to the period during which an individual is permitted to remain in the US, whereas H4 visa allows for entry into the country. Therefore, if your H4 status extension is pending, you can still travel outside the US, but you will need a valid H4 visa to re-enter.

Secondly, when travelling with a pending H4 extension, it is recommended to carry a copy of the extension or change of status application, as well as the receipt notice. This documentation can be presented to the immigration inspector upon arrival in the US to ensure that you did not overstay. Additionally, having a printed copy of your US travel history during your exit can serve as additional proof.

Thirdly, while your H4 extension application may continue to be processed even if you leave the country, there is a possibility of encountering an I-94 mismatch upon re-entry. This occurs because the CBP officer will issue a new I-94 number that differs from the one associated with your H4 extension. This discrepancy can lead to issues when attempting to renew your license or other administrative tasks, as the SAVE Database utilises the I-94 number. Resolving this issue may necessitate additional travel and re-entry into the US to obtain a new I-94 number that matches your H4 extension.

Furthermore, it is important to be mindful of any Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs) related to your H4 EAD application while travelling. If you do not respond to these requests in a timely manner, USCIS may consider your application abandoned and proceed to deny it. Therefore, it is advisable to make arrangements for someone to collect your mail and ensure that any necessary responses are submitted promptly.

Lastly, it is worth noting that the H4 visa serves a vital purpose in facilitating family reunification. It enables immediate family members, including spouses and unmarried children under 21 years of age, to join their loved ones who are H1B visa holders employed in the US. The H4 visa ensures that families can remain together while one member contributes to the American economy through their work.

Frequently asked questions